Our FAQ
What long service leave rules apply in South Australia?
SA long service leave is governed by the Long Service Leave Act 1987. Employees qualify after seven years of continuous service and receive 13 weeks of paid leave. Pro-rata access is available from seven years in certain circumstances, including termination. The calculation method and what counts as continuous service, particularly for casual or irregular employees, is where most employers get caught out. If you're unsure how to calculate an entitlement or whether a departing employee qualifies, we can walk you through it.
What should SA employers do before terminating an employee?
You need a valid reason, whether that's genuine redundancy, serious misconduct, or documented underperformance with a fair process. The Fair Work Act requires procedural fairness, which means the employee must be told the reason, given a chance to respond, and allowed a support person. You also need to calculate the correct notice period under the relevant award and account for any accrued entitlements including SA long service leave. Small business employers have a separate unfair dismissal code with its own checklist. Getting any of these steps wrong can result in an unfair dismissal claim through the Fair Work Commission, with compensation of up to 26 weeks' pay.
How do SA employers work out which award applies?
Award coverage is based on the work an employee actually performs, not their job title. An employee doing mostly administrative duties is likely covered by the Clerks Private Sector Award even if their title says something else. Many SA businesses operate across multiple awards, which means different pay rates, penalty structures and entitlements for different roles under the same roof. Misclassifying an employee under the wrong award is one of the most common causes of underpayment claims. If you're unsure which award applies, we can help you match duties to the correct classification.
What happens if SafeWork SA issues an improvement notice?
An improvement notice means SafeWork SA has identified a WHS contravention and is requiring you to fix it within a set timeframe. Failing to comply can lead to prohibition notices, on-the-spot fines or prosecution under the Work Health and Safety Act 2012. Penalties for serious breaches can reach into the hundreds of thousands for businesses. If you've received a notice or have an inspection coming up, we can help you understand what's required and how to respond.
Can an SA employer dismiss someone for misconduct without warnings?
Summary dismissal, meaning termination without notice, is only appropriate for serious misconduct such as theft, fraud, violence or a serious safety breach. The conduct must be serious enough that it fundamentally undermines the employment relationship. Even then, you still need to follow a fair process: investigate, put the allegation to the employee, let them respond, and document everything. If the misconduct doesn't meet the serious misconduct threshold, you'll need to follow a formal warnings process before termination. We can help you assess whether summary dismissal is appropriate in your situation.
What SA public holidays do employers need to account for?
South Australia observes all national public holidays plus Proclamation Day on 26 December. The state also observes the King’s Birthday in June and Labour Day in October. Employees who work on a public holiday are generally entitled to penalty rates under their award, usually around 250% of their base rate, though this varies by award and employment type. Part‑time and casual entitlements differ, and some awards allow substitution by agreement. Getting public holiday pay wrong is a common audit trigger, so it's worth checking your award obligations if you're unsure.
How should SA employers handle a Fair Work Commission claim?
If an employee lodges an unfair dismissal application or general protections claim, you'll typically have 7 to 21 days to file a response depending on the claim type. The Commission will usually schedule a conciliation conference first to attempt resolution. Coming in prepared with your documentation, including the termination letter, warning records, investigation notes and any relevant correspondence, gives you the strongest position. We help SA employers prepare responses and understand what to expect at each stage.
